Paragraph 16 Interpretation of saved provisionsI1

United Kingdom

Where a provision continues to apply by virtue of F1paragraph 13, 14 or 15, it is to be read as if—

(a)

in section 2 of the 2001 Act—

(i)

in subsection (5), at the end there were inserted—

“(a)
in relation to anything done before F2IP completion day, as they had effect at that time;
(b)
otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of anything done before IP completion day;”;

(ii)

in subsection (7)—

(aa)

for paragraphs (a) to (c) there were substituted—

“(a)
a person who, immediately before F3IP completion day, was a national of a relevant European State,
(b)
a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of F4social work by virtue of an enforceable EU right, or
(c)
a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State;”,

(bb)

in the words after paragraph (c), for “is not” there were substituted “was not, immediately before IP completion day”;

(iii)

after subsection (8) there were inserted—

“(8)
“Enforceable EU right” means a right recognised and available in domestic law, immediately before F5IP completion day, by virtue of section 2(1) of the European Communities Act 1972;”;

(b)

in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

Annotations

Textual amendments

F1: Words in Sch. 10 para. 16 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(a)
F2: Words in Sch. 10 para. 16(a)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)
F3: Words in Sch. 10 para. 16(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)
F4: Words in Sch. 10 para. 16(a)(ii)(aa) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(c)
F5: Words in Sch. 10 para. 16(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 18(5)(b)

Commencement

I1: Sch. 10 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)